[Download] "Manuel v. State" by Court of Criminal Appeals of Oklahoma ~ Book PDF Kindle ePub Free
eBook details
- Title: Manuel v. State
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 11, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1 Appellant was convicted in the District Court of Tulsa County of two counts of Shooting with Intent to Kill (21 O.S. 1981 § 652 [21-652]) After Former Conviction of Two or More Felonies in CRF-83-1415 and one count each of Robbery with Firearms (21 O.S.Supp. 1982 § 801 [21-801]) and Assault and Battery with a Dangerous Weapon (21 O.S.Supp. 1982 § 645 [21-645]), both After Former Conviction of Two or More Felonies in CRF-83-1416. In CRF-83-1415, Appellant was sentenced to a term of life imprisonment for each count. In CRF-83-1416, the court sentenced Appellant to twenty five (25) years for Robbery with Firearms and to seven (7) years for Assault and Battery charge. Appellant has perfected this appeal raising five propositions of error; that the prior testimony of a witness was improperly read at the present trial, that the prosecutor made a number of unfair comments, that the trial court erred in its instructions in both the first and second stage of the trial, and that the evidence was insufficient to support a conviction for one of the two counts of shooting with intent to kill. After review of the allegations, we find that error was committed in the second stage which requires a reversal of the sentence and a remand for resentencing. We do not find error in the first stage proceedings which in any way affects the validity of any of the convictions; thus, we find that the convictions are affirmed.